Huntington Beach, CA asked in Personal Injury for California

Q: I am wearing a Scram ankle monitor required by cps in California. It monitors alcohol. It caused a really bad sore on my

On the ankle it was on. I had it switched to the other ankle and went to the ER. It caused dermatitis and cellulitis in my skin. It has been a week since I switched it and already the ankle it is on has a sore and is leaking fluid. The infection is now in that leg also. Can I sue cps? I mean alcohol isn’t even illegal and their desire to control my life has now created health problems for me.

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3 Lawyer Answers
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: If you believe that CPS was negligent in their placement or monitoring of the Scram ankle monitor and that this caused you harm, you may have grounds to pursue legal action. Negligence is a legal concept that requires that a party owed a duty to another person and breached that duty, causing harm as a result. In this case, CPS may have had a duty to ensure that the monitor was safe and properly functioning, and if they breached that duty, you may have a case.

It's important to note that alcohol monitoring is often a requirement of CPS orders, and failure to comply can result in additional legal consequences. However, if you believe that CPS's actions were unreasonable and caused you harm, it's worth speaking to a personal injury attorney in California to explore your legal options.

1 user found this answer helpful

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: the first thing i would do is contact the lawyer who represented me on the case.

s/he can go back to court and put the matter on calendar to have the sentence revisited and possibly modified.

if the ankle bracelet is causing problems I assume you have already made the co aware of your condition.

you can always sue anyone for anything at any time. The real issue is whether you can find a lawyer who will take the case on a lien, rather than your paying to retain the lawyer.

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: this is really a question that should be posed to your lawyer who has all the facts.

what was the underlying charge?

what court, judge and DA?

sometimes there is an alternative sentence that can be considered.

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